Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-02-11
TuE srIEs-vAH z.sDr FARCE.

The latest episode in the career of the
infatuated Girl Nina Van Zandt can
have bas one effect IN this or any other
community. twill emily heighten the
regret that she 10 so foolish a. to sub
NIT herself 10 the delnsion Of Q marriage
BY proxy. Il will increase the odium
which exists against the Anarchist Spies
taat be should have encouraged her in
any sueh silly business, and will not in
crease tha respect in which the rest OF
the Spies family are held. II will fur.
thermore produce deep seated convic-
ton in the minds Of all law-abidinQ
people that the Jefferson Justice who
was the chief parsonage In the tFAvesty
and more responsible than any ether
should be at once stripped Of all his
| judicial functions.
Under no form Of law OF legal practice
10 Miss Van Zandt married 90 August
SPIES. Marriage Is celebrated by all
reputable persons under State statutes
prescribing certain directions respect
| ing ids solemnization. Miss Van Zandt
was not married in this manner. There
| Is bat one other form Of marriage, and
that IL under the common Law. The
American courts have held over and
over again that where an actual con-
| tract Is made per rsrba de present. be-
tween persons capable Of contracting TO
take each ether as husband and wife IN
the presence Of witnesses, and where
such act is followed by sohabitation and
the observance Of matrimonial rights
and responsibilities, such q marriage IL
valid under the common Law. Au agree
mf Mt 10 marry a. some future time fol-
LEVIED by oohabitation would net con
stitute marriage. Tie contract
mast be made In the present tense,
and it may Be either verbal or written.
Consent and the exercise of marital
rights are the esseatiaIs. Miss Van
Zandt was not married By this method,
and there is no other, consequently she
is not married at all. She IL mot briee
and cannot be q widow. In spite Of the
ally farce in which she has played she
is still Mrs Van Zkndt and will remain
20 until the release Of spies, should such
q calamity occur, and her union 20 him
By one or the other Of these mstheds. 10
would be interesting 10 know upon what
suthosiiy the jefferson DoRbeTry de.
cided thai q marriage By proxy Woald
be valid. The cid form Of marriage Of
this kind. as when Prince or ruler sent
0AAA9ANAAAAAAA
through the ceremony, vas only tanta-
mount 10 an acknowledemenf Of be-
trothAl and was followed At The proper
TINA b. The customary religions cere-
mony.
Mr.. Leonard SWEET. one Of the Anar.
ehiat counsel, puts the case In nutshell
when he regrets that there is no Law
against people making fools Of them
selves. In the case Of spies himself
this language IA not strenQ enough. He
has publicly declared kis determ nation,
10 case Of his release, 20 live with Miss
Van Zandt with OF without marriage.
Dis purpose 10 sufficiently apparent. He
has no other intention than 20 interpose
= foolish, delndtd girl between himself
and the decision Of The Saprene Court.
Whatever that decision may be there
can Be bat one sentiment among decent
people in this city ~ 30 the aoti0n Of
himself and bis family. as well a. the
course p0rsued By The jefferson Social
istie Jastice IN perveTting the functions
Of HE ofaee and lending himself 20 this
iudecsut and diagusiiDe soandAl.-chi-
eaeo Trlbuas.